Warshaw Burstein LLP | Tax Partner Jason Diener Presents Paper to Tax Club of New York City
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Tax Partner Jason Diener Presents Paper to Tax Club of New York City

06/06/2023
The tax treatment of settling trust and estate litigation disputes can entail unexpected consequences. In many cases, litigation counsel will fail to appreciate and overlook the nature and extent of significant tax issues in crafting resolutions to these controversies. The tax consequences of these settlements, judgements and litigation awards have been the subject of litigated cases in federal courts and IRS rulings, and also implicate the nuanced interplay of state-level probate and trust law.

Warshaw Burstein tax attorney Jason Diener presented a research paper to the Tax Club of New York City on May 18 addressing the various and often complex considerations with respect to both the scope of, and uncertainty in, the existing authority on the tax treatment of such settlements and judgements. The presentation also reviewed various considerations and strategies to best position a case or claim with an objective towards obtaining favorable tax treatment for the overall agreement or judgment. The Tax Club is an organization of recognized New York tax practitioners who convene monthly to discuss and explore in-depth topical and technical tax issues.

Warshaw Burstein's tax group counsels clients on the full range of litigation and transactional matters involving tax-related issues. Our capability spans the gamut of income tax, estate and gift taxes, state and local and cross-border taxes. Warshaw Burstein tax lawyers work closely and seamlessly with other members of the firm to identify and navigate litigation-related matters in order to achieve advantageous tax results.